by Saqib Khan | Aug 19, 2025 | Conveyancing, General, Landlord and Tenant Law
Leasehold residential properties are a common type of housing in many countries around the world. They are particularly popular in urban areas, where land is scarce and expensive. In this blog, we will discuss leases with regards to leasehold residential properties, including what they are, how they work, and some of the key issues that arise in relation to them.
What is a Leasehold Residential Property?
A leasehold residential property is a type of property where the owner of the property only owns it for a fixed period of time. This period is determined by the lease, which is a legal contract between the owner (known as the landlord) and the occupier (known as the tenant). The lease will set out the terms and conditions under which the tenant can occupy the property, including the rent that they will pay, the length of the lease, and any other obligations that they may have.
How do Leasehold Residential Properties Work?
Leasehold residential properties work by giving the tenant the right to occupy the property for the length of the lease. During this time, they will be responsible for paying rent to the landlord and complying with any other obligations set out in the lease. These may include things like keeping the property in good condition, not making any alterations without the landlord’s permission, and not using the property for any illegal purposes.
At the end of the lease, the property will typically revert back to the landlord, unless the tenant is able to renew the lease or purchase the freehold. This can create uncertainty for tenants, particularly those who have invested a lot of time and money into improving the property.
Key Issues with Leasehold Residential Properties
One of the main issues with leasehold residential properties is the cost of ground rent and service charges. Ground rent is an annual fee that the tenant pays to the landlord for the use of the land on which the property is built. Service charges are fees that the tenant pays to cover the cost of maintaining the common areas of the property, such as the communal gardens or lifts.
In some cases, these fees can be very high, particularly if the landlord has sold the freehold to a third-party company. This can make it difficult for tenants to afford the cost of living in the property, and can also make it harder for them to sell the property when they want to move on.
Another issue with leasehold residential properties is the difficulty of making alterations to the property. Many leases will require the landlord’s permission before any alterations can be made, and this can be a slow and bureaucratic process. This can make it hard for tenants to make the property their own, and can also reduce the value of the property if potential buyers are put off by the restrictions.
Conclusion
Leasehold residential properties are a common type of housing in many countries around the world. They offer tenants the right to occupy a property for a fixed period of time, but can create uncertainty and financial challenges due to the cost of ground rent and service charges. Tenants may also face restrictions on making alterations to the property, which can reduce its value and make it harder to sell. If you are considering buying or renting a leasehold residential property, it is important to carefully review the terms of the lease and seek legal advice if necessary. Please call our conveyancing department on 0161 850 9911 to discuss any lease concerns you may have.
by Saqib Khan | Jul 31, 2025 | Business, Conveyancing, Landlord and Tenant Law
Buying a house is one of the most significant financial commitments you will ever make. Most people focus on the two main figures: the deposit and the mortgage. However, these are just the beginning. The truth is, there are a number of essential “hidden” costs that can quickly add up, and failing to budget for them can derail your plans.
At KhanMather Solicitors, we believe in being transparent with our clients from the start. Here’s a guide to the key costs you need to budget for beyond the price of the property itself.
- Conveyancing Fees
This is the legal work required to transfer the property from the seller to you. It’s a non-negotiable expense. Your conveyancing fees will be broken down into two parts:
- Legal Fees: This is the cost for your solicitor’s time and expertise, covering everything from drawing up contracts to dealing with the Land Registry. The cost can vary depending on the complexity of the sale (for example, a leasehold property is more involved than a freehold one).
- Disbursements: These are the third-party costs that your solicitor pays on your behalf. They include all the essential conveyancing searches we discussed in a previous blog post, as well as the fees for the Land Registry to officially register you as the new owner.
- Stamp Duty Land Tax (SDLT)
This is a government tax that you must pay when you buy a property or land in England and Northern Ireland over a certain price threshold. The amount you pay depends on the property’s value and whether you are a first-time buyer, a home mover, or buying a second property.
It’s a “slice” tax, which means different rates apply to different portions of the price. The total can be a significant sum, so it’s vital to calculate it accurately and budget for it from the outset. Your solicitor will handle the process of paying this tax for you.
- Mortgage-Related Costs
While you might have secured a mortgage offer, there can be a number of fees associated with the loan itself:
- Mortgage Arrangement/Product Fee: Many lenders charge a fee to set up the mortgage, particularly for deals with lower interest rates. This can often be added to your mortgage loan, but remember you will pay interest on it for the life of the loan.
- Valuation Fee: Your lender will conduct a valuation to ensure the property is worth the price you’re paying. This is for their benefit, not yours, and may come with a fee. It is often a quick assessment and is not a detailed survey.
- Mortgage Broker Fees: If you use a mortgage broker to find the best deal for you, they may charge a fee for their service.
- Survey Costs
While your lender will conduct a valuation, it’s highly recommended that you instruct your own independent survey. This is your chance to get a detailed report on the property’s condition, which could save you thousands in the long run. There are different levels of survey, with prices increasing with the detail provided:
- HomeBuyer Report (Level 2): Suitable for most modern, conventional properties in a reasonable condition. It identifies potential problems like damp or subsidence.
- Building Survey (Level 3): The most comprehensive survey, recommended for older properties, buildings in poor condition, or those with unusual construction. It gives a detailed account of the property and offers advice on repairs.
If a survey reveals significant issues, you may be able to use the findings to renegotiate the purchase price with the seller.
- Moving Costs
The cost of physically moving your belongings can also add up. This includes:
- Removals Company: The price will depend on the volume of your belongings and the distance of the move.
- Insurance: You might want to take out insurance to protect your items during the move.
- Storage: If there’s a gap between moving out and moving in, you might need to pay for temporary storage.
The Value of Preparation
The key to a smooth and stress-free house purchase is to be fully prepared and aware of all the potential costs. At KhanMather Solicitors, we provide a clear and transparent breakdown of all legal fees and disbursements from the start. We work with you and your mortgage broker to ensure you have a complete picture of your budget, leaving no room for nasty surprises.
For a fixed-fee conveyancing quote and expert advice on your property purchase, contact Hannah on 0161 850 9911 today.
by Saqib Khan | Jul 15, 2025 | Landlord and Tenant Law
When it comes to purchasing or selling a property, conveyancing is an important legal process that involves the transfer of the property’s ownership from the seller to the buyer. One crucial aspect of the conveyancing process is the need for deeds of variation.
Deeds of variation are legal documents that amend or alter the terms of the original agreement between the parties involved in a conveyancing transaction. These documents are typically used to modify the terms of a sale or purchase agreement, and they are essential to ensure that both parties are protected and that the transaction is completed smoothly.
The need for deeds of variation arises when there are changes to the terms of the original agreement, which can occur for several reasons. For example, the buyer may require a longer or shorter period to complete the purchase, or the seller may want to add or remove certain clauses from the agreement. In these situations, a deed of variation can be used to reflect the updated terms of the agreement and ensure that all parties are in agreement with the new terms.
In addition to modifying the terms of the agreement, deeds of variation are also essential for ensuring that the transaction is legally binding. These documents are typically drafted by solicitors, who ensure that the terms are clear and concise and that they comply with all relevant legal requirements.
Another important benefit of deeds of variation is that they can help to avoid future disputes or disagreements between the parties. By clearly setting out the updated terms of the agreement, deeds of variation can help to prevent misunderstandings and ensure that both parties are fully aware of their rights and obligations.
In conclusion, deeds of variation are an essential part of the conveyancing process, and they play a vital role in ensuring that transactions are completed smoothly, legally, and without any disputes. If you are involved in a conveyancing transaction, it is essential to work with a solicitor who can draft and advise you on the use of deeds of variation, ensuring that your interests are protected throughout the process.
Please call Hannah on 0161 850 9911 to discuss anything regarding Deeds of Variation.
by Saqib Khan | Jul 10, 2025 | Landlord and Tenant Law
When it comes to purchasing property with someone else, there are two main ways to own that property: as joint tenants or as tenants in common. Both types of ownership have their pros and cons, and it’s important to understand the differences so you can make an informed decision about which is right for you.
Joint tenancy is a type of co-ownership where all owners have equal rights to the property. When one owner dies, their share automatically passes to the remaining owners. This is known as the right of survivorship, and it means that the last surviving owner will inherit the entire property. Joint tenancy is often used by married couples or family members who want to ensure that their property passes directly to their partner or children without the need for probate.
Tenancy in common, on the other hand, is a type of co-ownership where each owner has a specific share of the property. These shares can be equal or unequal, and they can be bought or sold independently of the other owners. When one owner dies, their share passes to their heirs according to their will or state law. This means that the property can be inherited by multiple people, and it may need to be sold or divided among them.
So which is better: joint tenancy or tenancy in common? The answer depends on your individual circumstances and goals. Here are some factors to consider:
- Estate planning: If you want to ensure that your property passes directly to your partner or family members without the need for probate, joint tenancy may be the best option. However, if you have specific wishes about how your share of the property should be distributed after your death, or if you want to leave your share to someone who is not a joint tenant, tenancy in common may be a better choice.
- Ownership structure: Joint tenancy is often used by married couples or family members who want to own property together. However, if you are buying property with a business partner or friend, tenancy in common may be a better option because it allows you to have separate ownership interests and responsibilities.
- Financial considerations: If you are buying property with someone who has significantly more or less money than you do, tenancy in common may be a better choice because it allows you to divide ownership shares based on how much each person contributed. With joint tenancy, all owners have equal rights and responsibilities, regardless of how much they contributed.
- Management and control: Joint tenancy requires all owners to make decisions together, which can be a disadvantage if you have different ideas about how to manage the property. With tenancy in common, each owner has the right to manage and control their own share of the property, which can be beneficial if you want more control over your investment.
Ultimately, the decision to buy property as joint tenants or tenants in common depends on your individual circumstances and goals. It’s important to speak with one of our conveyancing solicitors on 0161 850 9911, or a financial adviser before making a decision to ensure that you fully understand the implications of each type of ownership.
by Saqib Khan | Jul 8, 2025 | Conveyancing, General, Landlord and Tenant Law
Leasehold residential properties are a common type of housing in many countries around the world. They are particularly popular in urban areas, where land is scarce and expensive. In this blog, we will discuss leases with regards to leasehold residential properties, including what they are, how they work, and some of the key issues that arise in relation to them.
What is a Leasehold Residential Property?
A leasehold residential property is a type of property where the owner of the property only owns it for a fixed period of time. This period is determined by the lease, which is a legal contract between the owner (known as the landlord) and the occupier (known as the tenant). The lease will set out the terms and conditions under which the tenant can occupy the property, including the rent that they will pay, the length of the lease, and any other obligations that they may have.
How do Leasehold Residential Properties Work?
Leasehold residential properties work by giving the tenant the right to occupy the property for the length of the lease. During this time, they will be responsible for paying rent to the landlord and complying with any other obligations set out in the lease. These may include things like keeping the property in good condition, not making any alterations without the landlord’s permission, and not using the property for any illegal purposes.
At the end of the lease, the property will typically revert back to the landlord, unless the tenant is able to renew the lease or purchase the freehold. This can create uncertainty for tenants, particularly those who have invested a lot of time and money into improving the property.
Key Issues with Leasehold Residential Properties
One of the main issues with leasehold residential properties is the cost of ground rent and service charges. Ground rent is an annual fee that the tenant pays to the landlord for the use of the land on which the property is built. Service charges are fees that the tenant pays to cover the cost of maintaining the common areas of the property, such as the communal gardens or lifts.
In some cases, these fees can be very high, particularly if the landlord has sold the freehold to a third-party company. This can make it difficult for tenants to afford the cost of living in the property, and can also make it harder for them to sell the property when they want to move on.
Another issue with leasehold residential properties is the difficulty of making alterations to the property. Many leases will require the landlord’s permission before any alterations can be made, and this can be a slow and bureaucratic process. This can make it hard for tenants to make the property their own, and can also reduce the value of the property if potential buyers are put off by the restrictions.
Conclusion
Leasehold residential properties are a common type of housing in many countries around the world. They offer tenants the right to occupy a property for a fixed period of time, but can create uncertainty and financial challenges due to the cost of ground rent and service charges. Tenants may also face restrictions on making alterations to the property, which can reduce its value and make it harder to sell. If you are considering buying or renting a leasehold residential property, it is important to carefully review the terms of the lease and seek legal advice if necessary. Please call our conveyancing department on 0161 850 91 and speak to Hannah to discuss any lease concerns you may have.
by Saqib Khan | Jul 3, 2025 | Landlord and Tenant Law
In recent decades, the UK has made significant strides in advancing the rights of LGBTQ+ individuals and couples. Civil partnerships, same-sex marriage, and anti-discrimination legislation have all helped to improve legal protections. However, when it comes to cohabitation—especially regarding property rights—many LGBTQ+ couples are still surprised by how little the law actually protects them.
At KhanMather, we believe it’s vital for all couples, regardless of sexual orientation or gender identity, to understand their legal position—particularly when they are living together outside of marriage or civil partnership.
What is Cohabitation?
Cohabitation refers to a living arrangement where a couple lives together in a long-term relationship without being legally married or in a civil partnership. This is increasingly common across all demographics, including LGBTQ+ couples. However, despite the social recognition of such relationships, the law does not grant cohabiting couples the same rights as married couples or civil partners.
The Myth of the “Common Law Partner”
A widespread misconception is that after living together for a certain number of years, cohabiting couples become “common law” spouses and gain similar legal rights to married couples. This is simply not true under English and Welsh law. No matter how long you’ve lived together, there is no automatic right to your partner’s property, pension, or finances unless you are married or in a civil partnership.
What Rights Do Cohabiting LGBTQ+ Couples Have?
For LGBTQ+ couples who are cohabiting, legal protections are limited and often depend on ownership and contributions. Key considerations include:
- Property Ownership
If the home is in one partner’s name, the other partner usually has no automatic legal right to it, even if they have contributed to mortgage payments or renovations. You may have a claim under trust law, but such claims are complex and can be costly to pursue.
If the home is jointly owned, the nature of that ownership—whether it’s a joint tenancy or tenancy in common—will determine each partner’s share.
- Financial Contributions
A partner who has contributed financially to a property they do not legally own may have a potential claim under the principle of a constructive trust or proprietary estoppel. However, these claims require clear evidence of contribution and/or reliance and can be difficult to establish.
- Children
If the couple has children, legal rights and responsibilities are largely the same regardless of sexual orientation, but specific issues (e.g., parental responsibility, adoption, or donor conception) may require legal clarity.
What the Law Does Not Protect
- Automatic inheritance: A cohabiting partner has no right to inherit if their partner dies intestate (without a will), unless they jointly own property.
- Pensions and benefits: Entitlements under pensions or death-in-service benefits may not be automatic and may require formal nomination.
- Next of kin: Cohabiting partners may not automatically be recognised as next of kin in medical or legal situations.
How to Protect Yourself: Legal Tools for LGBTQ+ Cohabiting Couples
While the law is lacking in protections, there are steps LGBTQ+ couples can take to protect themselves and each other:
- Cohabitation Agreement
A legal document that outlines who owns what and how property, finances, and responsibilities will be dealt with if the relationship ends. This can help avoid costly disputes down the line.
- Declaration of Trust
If you’re buying a property together, a declaration of trust can specify how ownership is shared and what happens if you separate.
- Making a Will
Ensure that your partner inherits according to your wishes by writing a valid will. Without one, they may be left with nothing.
- Lasting Power of Attorney (LPA)
An LPA allows your partner to make decisions on your behalf if you become unable to do so, ensuring your wishes are respected in health or financial matters.
The Need for Reform
There have been repeated calls to introduce greater legal recognition for cohabiting couples in the UK. While the law does not discriminate based on sexual orientation, it currently fails to provide adequate protection to all cohabiting couples—LGBTQ+ and heterosexual alike—leaving many vulnerable in the event of relationship breakdown or death.
How KhanMather Can Help
At KhanMather, we are committed to promoting equality and clarity in the law. Our team can assist LGBTQ+ couples with:
- Setting up declarations of trust
- Writing wills and LPAs
- Resolving disputes around property and finances
If you are in a cohabiting relationship and want to understand or protect your legal position, contact our expert property law team today.
